Thursday, June 30, 2011

My spouse (Indian citizen) has received an RFE for her derivative I485 application.

Her birth certificate has a different first name than her passport. We had filed the birth certificate and an affidavit from her parents attesting to the change. But that doesn't seem to be sufficient.

The RFE states:

"Your birth certificate indicates that your first name is XXX and not YYY. Please explain and submit additional documentation in support of your claim". ... "Copies of the personal pages in your passport OR affidavits are not sufficient to establish a legal name change. Court documents submitted as evidence of name change must have been registered with the proper civil authority".

We now plan to submit the following:

1. Court Affidavit filed by my spouse's father at that time of legal name change, at age 3. This affidavit was before a Sessions Judge in India. This was the legal process of changing her name at that time.

Will this be sufficient? We don't understand what it means for a court document to be registered with the proper civil authority. Can you please advice?

2. My spouse has a Certificate of Age, Domicile and Nationality issued by the State Goverment of Maharashtra that refers to the new first name and also refers to the birth certificate as well, as proof.

Will that count as sufficient "registration with civil authority"?

I would appreciate if someone who has gone through this issue would comment on the proper ways of addressing this.

thanks! Anand

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ratsek

01-02 01:02 PM

My wife is primary applicant for 485. We both are continuing on H1 and have EADs. Our Son came as my dependent.

Our company is brought by another company and countdown has started for our group. Looking at present market conditions I may have to use EAD. Will try to transfer H1 but just in case ...

169000 out of estimated 12 million is actually more than 100 times what you show it as 0.01%. It is close to 1.4%.

He got his quotient right but forgot to multiply it by 100 to convert that into a percentage!

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chandra140

10-13 01:37 PM

I got the 140 denial notice.....the reason was not clear...here it is......

The petitioner did not submit an individual labour certification for the beneficiary or evidence of schedule A designation.As such, the beneficiary is ineligible for classification as a member of the preofessions holding an advanced degree or an alien of exceptional ability.

Hi, this is my first time in the forum and I wish to seek advice on my situation.

I'm a green card holder (singapore citizen) who got married while being a US PR. I wish to apply for my wife (singapore citizen) a green card.

How long is the typical wait?

See visa bulletin. Your case is Family Based (FB) 2A. Currently, it is at 01APR06 (i.e., the applications that USCIS received before 04/01/2006 are eligible to be approved). You need to study how quickly the dates move by going through VISA bulletins in the last 3-4 years, but my guess would be about 5 years.

Visa Bulletin for March 2010 (http://travel.state.gov/visa/frvi/bulletin/bulletin_4659.html)

while applying, is it true that my wife can't enter the US?

AFAIK, not on the basis of her GC application, but if she gets another (dual-intent) VISA, say H1B, then she can enter US.

I kind of know the answers but would like to confirm with this forum. I know the situation can be pretty bleak.

Many many thanks,

After 5 years of being PR, you can become US Citizen. After you have become a US citizen, your wife's GC application will no longer be subject to a quota and she should get GC within a few months (processing time).

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iwantmygreen

04-22 07:36 PM

USCIS denied my and my family's 485 based on withdrawl of old pending 140.

How did you come to know about your denial. Did they send a denial notice after you applied for EAD. Was there any status change on the USCIS website after your 140 was revoked by employer.

There seem to be a positive and negative news this year for EB2s. On the one hand, USCIS surprisingly allocated all their visas last year and that means that EB2 will not receive the (20k/3) visas that they received last year.

On the other hand because of the bad economy, one would expect that the companies will not be hiring as much EB1s and ROW EB2s as last year plus the DOL is expected to make Labor Certs very strict plus there are postings that software jobs wont make it to EB2.

I would appreciate it if the number crunching gurus can throw any light on how the rest of this fiscal is gonna be like for EB2s.

Thanks in advance.

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i99

10-15 04:23 PM

Hi

Our checks were cashed today (both for me and my husband). Our application (I 140/I485 conc.) was July 2nd @NSC received by R Williams. They were cashed in Texas. We did not even get the receipt notices yet. Thus, the wait sounds longer for us.

hi i99, i remember seeing ur threads for r.mickels or williams...if u got ur receipts and are on the the next waiting level of FP notice - welcome....and it looks like its going to be a long one.

RN - Recd Aug 28th EAD & AP - Recd Sept 4th FP - Still Waiting

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phxhyd

09-30 01:45 AM

Company A would not do H1 extension as B & A belong to the same group. A is the old company & B is the new company. That is how the GC was filed through B. The H1 petition was filed by employer directly and the RFE is now handed over to an Attorney. This company had RFE’s in the past for their employees & the Attorney replied well and their H1 got approved. The RFE is related to employer except the following two on my self. Education Evaluation – Can provide Original Documents – Here is the exact wording: Provide the original degree and transcripts the beneficiary received from xyz University. Do not send additional photocopies. Do not send an original document different then the one from which the photocopies were obtained.

Question: If I send the original documents, how would I get them back? Please post comments! Also why USCIS is interested in my graduation doc’s rather then post graduation?

As company A would not extend my H1, I’m thinking to have company C transfer my H1 so that if B’s H1 gets denied then I’ll have an option to join C.

agaballa

01-29 05:15 PM

Thanks a lot

vin13

07-19 10:59 AM

LOL..its good to have a sense of humor.

I wish there was a way to know if a case is pre-adjudicated.

This would help us to not file for H1 extensions, EAD, and AP. Which inturn would free up time for the officers to work on improving processing dates.

Offcourse, i am still happy about the date movement.

It just makes you wonder , if they USCIS was deligent in not wasting visas in previous years, even EB-3 would have had a reasonable date.